Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Minnesota: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Minnesota prohibits any public or private employer from inquiring into, considering, or requiring disclosure of an applicant's criminal record until the applicant has been selected for an interview, or if there is no interview, before a conditional offer of employment is made. The law applies to all employers regardless of size. The Minnesota Department of Human Rights enforces it and may impose escalating fines based on the size of the employer.
Criminal Record Lookback Period
Minnesota has no fixed number of years limiting how far back a criminal background check may reach. It instead limits which convictions may be considered: only felonies, gross misdemeanors, and misdemeanors for which a jail sentence may be imposed.
*A conviction may be considered only where it directly relates to the job, and for convictions more than 7 years old the direct relationship must be clearer.
Reporting Restrictions
Minnesota has not adopted a mini FCRA that restricts the age or type of information a consumer report may contain. Reporting limits follow the federal FCRA baseline. Minnesota's consumer reporting law instead governs employer procedure, requiring written disclosure before a report is obtained and specific notice before adverse action.
Expunged / Sealed Records
Minnesota's Clean Slate Act provides for automatic sealing of certain criminal records, sealing eligible misdemeanors 2 years and eligible felonies 5 years after the case ends without a new offense, for records dated on or after January 1, 2025. Violent crimes, DWI offenses, and offenses against children remain visible. Employers may not lawfully use an expunged or sealed record in a hiring decision.
Salary History Ban
Employers, employment agencies, and labor organizations may not ask an applicant about their salary history or seek that information from any other source. Employers may still consider salary history that an applicant voluntarily discloses.
Credit Report Restrictions
Minnesota does not prohibit employers from using consumer credit reports in hiring decisions, but any credit report obtained for employment purposes is a consumer report subject to the state's disclosure, authorization, and adverse action requirements.
*Minnesota's requirements exceed the federal FCRA. The written disclosure must be included in or accompany the job application and must include a box the applicant can check to request a copy of the report. If the applicant checks that box, the employer must provide a copy within 24 hours of receiving it.
Bankruptcies
Minnesota has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Minnesota has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Minnesota has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Employers may not refuse to hire, discipline, or discharge an applicant or employee for their off duty, off premises use of a lawful consumable product, a category that includes cannabis flower, cannabis products, and hemp derived consumer products. This protection applies to both medical and recreational use. It does not apply to use, possession, sale, or impairment while working, on work premises, or while operating an employer's vehicles, machines, or equipment, and pre-employment testing for cannabis is restricted for most positions, with exceptions for safety sensitive and federally regulated roles.
Pre-Adverse Action Notice & Waiting Period
Minnesota has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Minnesota has no state law adding to the federal adverse action notice process. Source Text: No Minnesota Statute
Authorization Requirements
An employer must clearly and accurately disclose its intent to obtain a consumer report, in writing, before the report is obtained, and must inform the applicant of the right to request a copy of the report. If requested, the employer must provide the copy within 24 hours of receiving it.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Wage Disclosure Protection
Minnesota employers may not require employees to keep their wages confidential as a condition of employment, may not require an employee to sign a waiver denying the right to disclose their own wages, and may not retaliate against an employee for disclosing their wages or discussing another employee's voluntarily disclosed wages. An employer that provides a handbook must include notice of these rights in it.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Minneapolis, MN Applies to 6+ Employees Civil Rights Ordinance
Effective August 1, 2025, Minneapolis protects applicants and employees based on "justice impacted status," including arrests, charges, convictions, incarceration, or probation. Employers may consider criminal history only if it is reasonably related to the position after an individualized assessment. Arrest records alone cannot be the basis for an employment decision. The ordinance applies to work performed wholly or partly within Minneapolis, including remote workers based in the city.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Minnesota regulates several parts of the hiring process. To stay compliant:
Do not ask about or seek an applicant's salary history Do not include criminal history questions on the initial employment application; wait until an interview or a conditional offer to inquire If hiring in Minneapolis with 6 or more employees, conduct a documented individualized assessment before taking adverse action based on criminal history Confirm any criminal record returned has not been sealed under the Clean Slate Act before considering it Provide a clear, written disclosure before requesting a credit report, and provide a copy of the report within 24 hours if requested Do not take adverse action based on off duty, off premises use of cannabis, and avoid pre-employment testing for cannabis unless the position is safety sensitive or federally regulated Provide FCRA pre-adverse and final adverse action notices before rejecting an applicant based on a background reportNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Minnesota Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Minnesota law.